How to File Workers’ Compensation Claims for Repetitive Stress Injuries

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Repetitive stress injuries (RSIs) are a common yet often misunderstood category of workplace injuries. Unlike acute injuries caused by a single traumatic event, RSIs develop gradually due to repetitive motion or strain over time. In New Jersey, workers who suffer from RSIs are entitled to workers’ compensation benefits, designed to cover medical expenses, lost wages, and rehabilitation costs. This article, brought to you by The Epstein Law Firm, aims to provide a comprehensive guide on navigating workers’ compensation claims for repetitive stress injuries in New Jersey.

Understanding Repetitive Stress Injuries: Common Types and Causes

Repetitive stress injuries encompass a range of conditions, each affecting different parts of the body. Some of the most common types of RSIs include:

Carpal Tunnel Syndrome: Caused by repetitive wrist and hand movements, often seen in occupations requiring extensive typing or use of hand tools.

Tendinitis: Inflammation of the tendons, commonly affecting the shoulders, elbows, and knees, prevalent in jobs involving repetitive lifting or reaching.

Bursitis: Inflammation of the bursae (fluid-filled sacs that cushion joints), frequently occurring in the shoulders, hips, or knees due to repetitive motions.

Rotator Cuff Injuries: Affecting the shoulder, these injuries are common among workers who perform overhead activities regularly.

RSIs can result from various workplace activities, including typing, assembly line work, construction, and even prolonged use of vibrating tools. Understanding the nature of your injury and its causes is crucial in preparing a successful workers’ compensation claim.

Steps to File a Workers’ Compensation Claim in New Jersey

Filing a workers’ compensation claim for an RSI in New Jersey involves several critical steps. Here’s a detailed guide to help you navigate the process:

Report the Injury: Notify your employer about your injury as soon as possible. In New Jersey, you have 90 days from the date of injury or the date you became aware of the injury to report it. Failure to report within this timeframe can jeopardize your claim.

Seek Medical Attention: Obtain a diagnosis from a medical professional. Your employer may require you to see a specific doctor. Ensure all your medical visits and treatments are well-documented.

File a Claim Petition: If your employer’s insurance company denies your claim or if you encounter delays, you can file a formal Claim Petition with the New Jersey Division of Workers’ Compensation. This must be done within two years from the date of injury or the last payment of compensation.

Gather Evidence: Collect medical records, witness statements, and any other relevant documentation that supports your claim. This evidence will be crucial if your case goes to a hearing.

Attend Hearings and Appeals: If your claim is disputed, you may need to attend hearings before a workers’ compensation judge. Be prepared to present your case and provide all necessary documentation.

Challenges in Repetitive Stress Injury Claims and How to Overcome Them

Navigating the workers’ compensation process for RSIs can be challenging due to several factors:

Gradual Onset: Unlike acute injuries, RSIs develop over time, making it difficult to pinpoint a specific date of injury. This can complicate the reporting process.

Proof of Causation: Demonstrating that the injury is work-related can be challenging, especially if the RSI could also result from non-work activities.

Employer Disputes: Employers or their insurance companies may dispute the claim, arguing that the injury is not severe enough to warrant compensation or is not work-related.

To overcome these challenges:

• Detailed Documentation: Keep thorough records of your symptoms, medical visits, and any communication with your employer or their insurance company.
• Expert Testimony: Consider obtaining a medical expert’s testimony to substantiate your claim and establish the work-related nature of your injury.
• Legal Assistance: Engaging an experienced workers’ compensation attorney, such as The Epstein Law Firm, can significantly improve your chances of a successful claim. An attorney can help you navigate the legal complexities, gather necessary evidence, and represent you in hearings and appeals.

How The Epstein Law Firm Can Help with Your Workers’ Compensation Claim

At The Epstein Law Firm, we specialize in handling workers’ compensation claims for repetitive stress injuries in New Jersey. Our dedicated team understands the intricacies of New Jersey’s workers’ compensation laws and is committed to advocating for your rights. Here’s how we can assist you:

Free Consultation: We offer a free initial consultation to discuss your case, evaluate the merits of your claim, and outline the best course of action.

Comprehensive Case Management: From filing the initial report to representing you in hearings, we manage every aspect of your claim to ensure a smooth process.

Expert Network: We collaborate with medical professionals and experts to provide the necessary evidence and testimony to support your claim.

Negotiation and Settlement: Our experienced negotiators strive to secure the maximum compensation you deserve, whether through a settlement or a court ruling.

Ongoing Support: We provide ongoing support and guidance throughout the process, ensuring you understand your rights and options at every stage.

Contact The Epstein Law Firm Today

Filing a workers’ compensation claim for repetitive stress injuries in New Jersey can be a daunting task. However, with the right knowledge and legal support, you can navigate the process effectively and secure the compensation you deserve. The Epstein Law Firm is here to help you every step of the way. Contact us today for a free consultation and let us fight for your rights.  Contact us today at 201-231-7847 or schedule a consultation online to learn more.